Private Parking Tickets - General discussion points

[letshelp]

My understanding is somewhat different, if a personal formally puts another on notice they intend to issue court proceedings and formally asks for information this cannot be ignored.

My experience is a lot different, if I had replied to every threat of legal action against me, I would have spent the last 3 years of my life responding, not to mention the time and cost implications. I would add that without issuing an actual claim in court then the requests made by whoever have no formal status.

 

I have a case ongoing where I am nearing this stage if it proves that the company does indeed follow through.

IMO and experience responding to these companies just encourages them to write more junk mail as they think you are wavering over payment. As you have stated and I have yet to experience, 'if the company does indeed follow through', yet to find one that does.

 

 

The advice I have been given by 2 solicitors indicated should I ignore this formal request and then only respond to court papers the court, if they were drawn to the fact I had failed to cooperate before court papers were issued, could take a dim view and even if I lost I could be responsibile for costs.

It is of course not for me to argue against the advice given to you by 2 Solicitors, but if I were to ask their advice one of the questions I would ask them is what experience they have in actually dealing with this specific sort of circumstances,you will probably find very, very few. The over all opinion and advice on this forum is to ignore anything other than actual court papers and so far no-one has been let down by that advice.

regards

[peternet]

Interesting comments 'letshelp'. Well we are a company that follows through. In our last 2 court hearings the defendants took the advice of not to contact us and ignored all attempts at communication. Unfortunately they both lost. No gloating but it might just help x7070 decide how to proceed.

[jk1]

How does the law differ between private firms issuing these "fines" and local authorities issuing fines?

 

My understanding is that the councils and Transport For London are able to go after the registered keeper. Why is it that private firms cannot?

 

I've currently got one outstanding offence with TFL (for ignoring a no left turn sign) and one with CEL (for staying for 3 hours in a car park with a maximum 2 hour stay).

 

In both instances my friend was borrowing my car. He will pay me for the TFL offence, but since he spent the full 3 hours inside PC World purchasing a new desktop PC, we are going to give CEL the finger. I plan on starting with the "I was not the driver" response.

 

Is it worth speaking with the store manager before writing to CEL?

[lamma]

PPC issues involve the driver as its civil law (contract or tort). Legislation makes council PCNs the responsibility of the RK. Don't write to CEL, waste of time. just Ignore them. read up about PPCs on here.

[letshelp]

How does the law differ between private firms issuing these "fines" and local authorities issuing fines?

Private firms have no legal status they are just a [problem].

 

My understanding is that the councils and Transport For London are able to go after the registered keeper. Why is it that private firms cannot?

Because Transport for London, Councils and the Police all have the law behind them, Private firms do not. As has been stated PPC is pursuing a breach of contract therefore the contract, if any, was formed with the driver at the time. The RK and the driver might be 2 different people, and you cannot commit a third party to a contract.

 

Is it worth speaking with the store manager before writing to CEL?

No, and not worth involving the store manager.

regards

[elisew34]

Hi Guys,

 

I previously posted about having received a pcn from AS Securi-T but for some reson I can`t find the thread.

 

Anyway, just to repeat basically, 6 weeks after my car was seen parked in a particular area I received in the post the initial request for £75.00 to be paid within 14 days. Following advice from some great guys on here I ignored the pcn and accompanying letter. I received another letter a couple of days ago stating that as the 14 days have now passed with no payment from myself being forthcoming, I am now liable for £150.00 and I am to forward payment asap.

 

I still have no intention of paying these monkeys but was wondering how things would stand IF this company sent someone out to my home address and clamped my car?

The reason I ask is that my Husband spoke to a friend of his who happens to be a Traffic Warden in our local area, most Traffic Wardens also consider this company to be nothing more than a bunch of scumbags but apparently A S Securi-T are apparently known for turning up at your home address and clamping your car.

 

Is it a simple case of calling the Police? Are A S Securi-T able to clamp and get away with it or is it just another bullyboy tactic of theirs to get people to cough up?

 

Any advice greatly appreciated....again.

[lamma]

They can;t so that and have never been known to do it. If any PPC did it then they would be very unlawful and facing multiple charges including blackmail in my opinion. Its a MAIL [problem].

[elisew34]

Thanks lamma.

 

I was slightly concerned after my Husband relayed the conversation he had with his friend and I just wasn`t sure whether clamping my car was something they could do and get away with. More to the point....what could I do if this action did occur?

 

No doubt the next letter will be one informing me that `the debt` has been handed to a Debt Recovery Company.......oh well, that will get ignored as well.

 

Thanks again. x

[juliusceasor]

this might interest many re PCNs:

 

BBC iPlayer - Dom's on the Case

 

Sorry seen the other link seperately

Edited March 9, 2009 by juliusceasor

[lamma]

it WON'T occur. If PPC went mad and did it, you take photos, have a recorded conversation with them and then report them to the police. After cutting the clamp off.

[cpoint]

Hi Bernie. Could you have a look at my thread please it's called PPC ROBBERS. Its the first time i've been on a forum and I've had some good advice from a couple of people but don't really know what to do to try and get my money back. Thank you

[havinastella]

Are you the clamped in carpark Bournemouth?

 

Unfortunately you paid these parasites, I think the only way to recover your money is Issue Court proceedings.

 

But then the company will dissolve and start up again as another company.

 

B@stards

 

Jogs

[artwork_750]

Hi Guys,

I've just received a PCN for parking where I have been parking for the last 6 months. This on a side road where my car backs up to a barrier that was once a No Frills car park - now dis-used. I was not obstructing or blocking any one in, nor was I parked on the kerb, but here's the best bit...my work collegue who was parked next to me did not get one & we parked & left at the same time!!! They are stating; code 01 - parked in a restricted street during prescribed hours. What restricted street?! What precribed hours?! There were no signs etc, any suggestions or templates that I can use to contest this?!!!

 

Thanks.

 

artwork_750

[juliusceasor]

Hi,

 

since getting a Parking ticket affixed to my windscreen. I ignored it.

Since then I have heard absolutely zilch, nada, niente,nitz.

 

I can only conclude that a) I am lucky. b) they have realised that it is cheaper to just collect from those mug enough to pay up as c) they know they cannot pursue the owner and saved the money collecting info from the DVLA.

 

So I suggest to anyone concerned, in the first instance don't panic and do nothing. Wait for them to contact you. Then look at the options.

 

PCN issued 28/01/09 with 7 days to pay £50 or after £100 after 28 days further £50 added.

[pin1onu]

Are you the clamped in carpark Bournemouth?

 

Unfortunately you paid these parasites, I think the only way to recover your money is Issue Court proceedings.

 

But then the company will dissolve and start up again as another company.

 

B@stards

 

Jogs

Which is why you sue the landowner and the clamper. Clamping firms do have a habit of disappearing but it's often a bit more tricky for the landowner to disappear.

[ugm6hr]

Just joined.

 

I have a valid permit for the car that the notice was on. In fact, I do recall having to apply for a permit from the NHS Trust, which was subsequently issued by Vinci.

 

According to the CPN, "Failing to display a valid PERMIT" is the Breach Code. Obviously, I have a valid permit, which is assigned to the car in question. Seems they are claiming they couldn't see the paper permit in my car, and hence issued a CPN.

 

In this situation, where I believe they probably already have access to my personal details (which may have been supplied by the NHS Trust), does this change the advice to not initiate contact?

 

I saw this: http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/119802-private-parking-tickets-template-3.html#post1595724 post in the thread earlier, which seems somewhat similar, and appears appropriate to my situation.

 

Thoughts?

Edited July 9, 2009 by ugm6hr

[crem]

 

In this situation, where I believe they probably already have access to my personal details (which may have been supplied by the NHS Trust), does this change the advice to not initiate contact?

 

 

No

[letshelp]

Just joined.

In this situation, where I believe they probably already have access to my personal details (which may have been supplied by the NHS Trust)

 

Have you agreed to the NHS giving your personal details to a ';third party'?

If not I feel a breach of Data Protection Laws may have occured.

does this change the advice to not initiate contact?

 

No, not at all.

regards

[ugm6hr]

Many thanks letshelp & crem.

 

I honestly cannot recall whether the application form for the permit included a section about revealing all personal details, but it definitely included name and car registration.

 

I don't think that you necessarily had to be the registered keeper of the car you registered for the permit.

 

In any case, I'll just file the Civil Parking Notice until I hear from them.

[cps73]

To update everyone on here. I posted my story, and many letters, on here back in October 2008. Look at my posts.

I never heard anything further from them and now expect I never will.

 

I wish to thank all those who offer such excellent advice dsuring what isa scary period if you have never gone through it before.

 

Those who are going through it now, be strong, keep positive and keep your stamps in your wallet.

 

All the best to everyone on here...

[Eastbourne Damian]

Eastbourne is quite new to the PCNs introduced October 2008

these case references might be of use when contesting PCN's

 

London Borough of Wandsworth v Al’s Bar and Restaurant

Case Number: 2020106430 Penalty Charge Notice: WA04516186

Review Decision dated 28 October 2002

This is an application by the Borough of Wandsworth ('the Council') for review of the decision of the Parking Adjudicator, Richard Crabb, on 2 July 2002 when he allowed the appeal of Al's Bar & Restaurant Ltd ('the Appellant') and directed the Council to cancel the Penalty Charge Notice ('PCN') and the Notice to Owner ('NTO'). I heard the application on 10 October 2002. Mr Pitt-Payne of Counsel represented the Council and Mr Sutton the Appellant.

 

The facts as to the issue of the PCN are not in dispute. The issue between the parties is the validity of the PCN. The Appellant says that the PCN is invalid and unenforceable because it does not comply with the requirements as to content prescribed by section 66 (3) of the Road Traffic Act 1991.

 

 

At the hearing of the original appeal, which the Council did not attend, Mr Crabb found, in essence, that the PCN did not comply with the requirements of paragraphs ©, (d) and (e) and that this rendered it invalid. In doing so, he adopted relevant parts of the judgment of District Judge Wigfield in Sutton v London Borough of Camden (In the Central London County Court Case No: BT106545), a case heard earlier this year (the exact date is unclear). This was a claim under the Torts (Interference with Goods) Act 1977 relating to the clamping of a vehicle. It raised similar issues about the validity of a PCN issued by Camden and the District Judge found against Camden.

 

[andreaarty]

Hello

 

I don't understand what relevance this case has to me? I looked at the info you provided, section 66 of Road Traffic Act 1991 & this does not back up my argument at all. Was your link sent to me by accident?

[Unhapppy Daddy]

Hello all...

 

looks like a certain car park in Reading has changed their mind about doubeling up disabled carparking spaces with parental parking spaces and decided to use UKCPS ltd to do their dirty work...

Any who, after having read some of the entries on this site it seems like one could make UKCPS work for their money...

Unfortunately I'm of the honest type and do not wish to go down the " I wasnt driving" path - just incase it does go to court and makes me look a numpty when the judge asks who was driving...

Also we have noticed that where we used to park there are signs up stating that parental bays are available elsewhere, however where we parked (which is just adjacent to the other bays) there was no sign.(we took pictures of this - not sure if it would help as the management stated that there are signs up all over the place about this and also there is one at the entrance - which is true however when driving up the parking ramp I tend to pay more attention to the driving than what signs are up)

To be honest - I was about to pay but found that my details were not on the UKCPS ineternet payment system, and when I called them to find out when they were going to be put on I was asked specifics of the ticket... Luckily I cottoned on and stopped the conversation - why should I be giving them my money and tell them my details when they should already have them...

Further to this I have now noticed that my parking ticket is on their system but the registration is wrong.... so should I now leave it or pay up and mention their error to them...

I have always paid my fines (not that I have had many) but this time I thought I'd do some investigation before I pay and now I'm at 60% willingness to pay however the more I think of it the more I want to say stuff em! From some of the post I have noticed that Court summons were sent, however no one really has posted if they went to court and what the result was... - still got a few days before the £60 turns to £100...

 

any advice would be greatly appreciated...

[lamma]

its a [problem] - ignore them. read the stickies.

[Unhapppy Daddy]

its a [problem] - ignore them. read the stickies.

 

sorry about this, but what are the stickies?

 

also has anyone gone to court with ukcps?

 

what tmplate letter is to be used if you admitted to be the driver...?